How to claim for missing/replacement items

Need to claim for lost or replaced items?

Explore a real-life example shedding light on claiming for missing & replacement items.

At mydeposits, we offer an impartial and independent resolution service for landlords, agents, and tenants who find it challenging to agree on the distribution of the deposit at the end of a tenancy. Let’s delve into a recent case study, guided by our Head of Dispute Resolution, Suzy Hershman, that provides insights into the concepts of redecoration and fair wear and tear.

 

Case overview:

The case revolved around a tenant and an agent who had differing opinions about redecoration and fair wear and tear in a rented property. The tenant claimed that there were marks and scuffs on the walls upon moving in, and they were given verbal permission by the agent to repaint the property. The tenant painted the walls in various colours, leading to an improvement in the property’s condition compared to its initial state. The tenant believed that the marks left behind were a result of normal wear and tear.

 

Agent’s response:

The agent, on the other hand, responded by asserting that the tenant had indeed asked about redecorating but was informed that written permission from the landlord was necessary. The check-in report indicated that the walls were in good or excellent condition upon the tenant’s move-in, all painted in a neutral cream colour. The agent contested the tenant’s claim of verbal permission.

Lessons learned:

  • Get written permission

    Although not legally required, obtaining written permission for redecoration is best practice to ensure clarity and avoid misunderstandings.
  • Specify details

    Clearly communicate which areas can be redecorated and any colour preferences in writing to all parties involved.
  • Consider wear and tear

    When discussing costs for restoring the property at the end of the tenancy, account for reasonable wear and tear to avoid unnecessary disputes.
  • Detailed invoices

    Contractors should provide detailed invoices that break down the cost and work carried out in each area, facilitating cost discussions.
  • DIY work

    If landlords choose to do the work themselves, provide receipts for materials and claim a reasonable amount for their time.

Remember, each dispute case varies, and the outcome depends on the interpretation of the presented evidence. It’s crucial to document agreements, maintain open communication, and follow best practices to ensure a smooth end to a tenancy. For more information on fair wear and tear, refer to our comprehensive guide.

Disclaimer: This case study reflects a specific scenario, and outcomes may vary based on evidence interpretation.

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